Estrada

The People appeal the dismissal under Penal Code section 995 of an information charging defendant Arthur Estrada with attempted murder. The appeal presents the question of the obligations of the magistrate to designate the crime or crimes for which defendant is bound over for trial.

Facts

A criminal complaint was filed in municipal court on July 15, 1985, charging defendant Arthur Estrada with an attempt to murder Alejandro Venegas (§§664/187). The complaint contained three penalty-enhancing allegations based on sections 12022, subdivision (b) (deadly weapon use), section 12022.7 (intentional infliction of great bodily harm), and section 667.5, subdivision (b) (prior prison term).

A preliminary examination was conducted in municipal court on September 10, 1985, before a municipal court judge sitting as magistrate. The testimony presented was that on May 15,1985, San Bernardino County jail inmates were being transported on a sheriffs bus from the jail to a court. About a minute before they got to their destination, inmate Kenneth Walker saw the person on the end of his chain get a Phillips screwdriver from the back seat of the bus and hand it to defendant. Defendant…